HB1007: relative to qualifications for office.

HB 1007 - AS INTRODUCED

2022 SESSION

22-2219

11/08

HOUSE BILL 1007

AN ACT relative to qualifications for office.

SPONSORS: Rep. Marsh, Carr. 8; Rep. Shurtleff, Merr. 11; Rep. McGhee, Hills. 27; Rep. Woods, Merr. 23; Rep. Berch, Ches. 1; Rep. Allard, Merr. 21; Rep. Altschiller, Rock. 19; Rep. T. Smith, Hills. 17; Rep. Grassie, Straf. 11; Sen. Sherman, Dist 24

COMMITTEE: Legislative Administration

ANALYSIS

This bill clarifies certain qualifications of elected officials.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2219

11/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to qualifications for office.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Elections; Vacancy in Office. Amend RSA 652:12, V-VI to read as follows:

V. Has his or her election voided by court decision or ballot law commission decision; [or]

VI. Is a member of the general court of New Hampshire and a member of a military reserve or national guard unit; and

(a) The member was called to serve in an emergency; and

(b) Service in such unit causes the member to be unable to perform his or her legislative duties, as determined by the house of representatives in the case of a member of the house of representatives and by the senate in the case of a member of the senate, for longer than 180 consecutive days; and

(c) The selectmen of any town or ward in the district from which the member is elected request of the governor and council that the office be declared vacant[.]; or

VII. Is determined by the general court to have engaged in insurrection or rebellion, or given aid or comfort to the enemies of the state, in violation of RSA 655:1-a. This shall be determined by the house of representatives in the case of a member of the house of representatives and by the senate in the case of a member of the senate.

2 New Section; Elections; Nominations; Insurrection or Rebellion. Amend RSA 655 by inserting after section 1 the following new section:

655:1-a Insurrection or Rebellion Prohibited. As provided in Article 14, section 3, of the United States constitution, a person who engaged in insurrection or rebellion against the United States, or who gave aid or comfort to the enemies thereof, shall be ineligible to hold elective office in the state, unless Congress, by a vote of two-thirds of each House, shall have removed such disability. For the purposes of this subparagraph, “insurrection or rebellion” shall include any action intended to separate New Hampshire from the United States, and “aid or comfort” shall include any action facilitating such intent.

3 Effective Date. This act shall take effect upon its passage.